Suppramaniam Et Al V. Symons Et Al.,

Present : Wood Renton C.J. and Ennis J.   1915.

SUPPRAMANIAM et al. v. SYMONS et al.

38-D. C. (Inty.) Colombo, 1,477.

Order of abatement-Power of Court to make order ex mero motu.

A Court has power under section 402 of the Civil Procedure Code to make an order of abatement ex mero motu.

It is, however, desirable that a Court, before making an order of abatement, should notice the parties, as far as it conveniently can, to give them an opportunity of showing cause against the order.

If the plaintiff is injured by absence of notice he can proceed under section 403.

WOOD RENTON C.J.-People may do what they like with their disputes as long as they do not invoke the assistance of the courts of law. But whenever that step has been taken they are bound to proceed with all possible and reasonable expedition, and it is the duty of their legal advisers and of the Courts themselves to see that this is done. The work of the Courts must be conducted on ordinary business principles, and no Judge is obliged, or is entitled, to allow the accumulation upon his cause list of a mass of inanimate or semi-animate actions.

THE facts are

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